HBA-AMW H.B. 3256 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3256
By: Davis, Yvonne
Ways & Means
4/1/2001
Introduced


BACKGROUND AND PURPOSE 

Most excise tax rates, such as the rates on alcohol, are determined by
volume or weight, however, taxes on smokeless tobacco are based on the
manufacturer's list price.  Currently, certain types of smokeless tobacco
are considered premium products and have a higher manufacturer's list
price.  The quality of premium and non premium tobacco products is
essentially comparable.  However, premium smokeless tobacco producers are
required to remit a higher tax to the comptroller of public accounts
(comptroller). House Bill 3256 modifies the standards by which taxes are
assessed for smokeless tobacco products, clarifies provisions regarding the
preservation of the separate entity concept in the franchise tax, and
clarifies existing law regarding taxes levied on certain insurance
organizations. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 3256 amends the Tax Code to establish the tax rate for each can
or package of moist snuff, dry snuff, chewing tobacco, pipe tobacco, and
roll-your-own tobacco and to provide criteria for computing the total tax
for these products.  The bill requires an ambiguity regarding the proper
classification of a tobacco product for taxation purposes to be resolved by
reference to the classification of the tobacco product for federal tobacco
tax purposes (Sec. 155.0211).  

The bill provides that records of purchase or receipt, distributor and
wholesaler reports of sale or use, manufacturer's records and reports, and
distributor's reports filed with the comptroller of public accounts must
show the net weight as listed by the manufacturer for each unit and the
aggregate net weight of moist snuff, dry snuff, chewing tobacco, pipe
tobacco, and roll-your-own tobacco listed on each invoice (Secs. 155.101,
155.102, 155.103, 155.111).   

The bill exempts from the franchise tax an insurance organization, title
insurance company, or title insurance agent authorized to engage in
insurance business in this state now required to pay an annual tax under
the provisions regarding taxes and fees or the Texas Title Insurance Act
(Sec. 171.052).  The bill also provides that a business loss can be carried
forward only by the corporation that incurred the loss and cannot be
transferred to or claimed by any other entity, including the survivor of a
merger if the loss was incurred by the corporation that did not survive the
merger (Sec. 171.110) 

The bill amends the Tax and Insurance codes to clarify existing law
regarding taxes levied on insurance companies authorized to do business in
this state (Arts. 4.01, 4.06, 9.59, and SECTION 13).  The bill repeals law
relating to exceptions to provisions prohibiting occupational taxes to be
levied on insurance companies and the limitation of collectible taxes
(SECTION 12). 

EFFECTIVE DATE

September 1, 2001.